A U MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 17-8-1987 delivered by the learned Special Judge, C.B.I., Ahmedabad in Special Case No. 25 of 1984 recording the conviction of the accused No. 1 for the alleged offences under Sees. 5(1 )(d) read with Sec. 5(2) of the Prevention of Corruption Act and imposing sentence of rigorous imprisonment for two years and fine of Rs. 3,000/-, in default, to undergo further rigorous imprisonment for three months. Similarly, he was also convicted for the offence under Sec. 120B of the Indian Penal Code and imposing sentence to undergo rigorous imprisonment for two years and fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for one month. Further, he was convicted for the offence under Sec. 468 of the Indian Penal Code and imposed sentence of rigorous imprisonment for two years and fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for one month. He also convicted for the offence under Sec. 420 read with Sec. 120B of the Indian Penal Code and imposed sentence of rigorous imprisonment for two years and fine of Rs. 3,000/-, in default, to undergo rigorous imprisonment for three months.

(2.) The facts of the case briefly summarized are as follows :

(3.) It is this judgment and order which has been assailed on the ground inter alia that the conviction of the appellant-accused No. 1 would not have been recorded in view of the plea of the accused No. 2.